Second-Offense DWI Attorney in Galveston, TX
A Galveston second-offense DWI lawyer fights for people facing enhanced charges who have far more at stake than they did after their first arrest. A second driving while intoxicated (DWI) charge in Texas can result in mandatory jail time, extended license suspension, increased fines, and long-term consequences for employment and freedom.
These cases are prosecuted aggressively, and the margin for error is slim, so having a skilled Galveston DWI lawyer on your side is critical. The Law Offices of Tad Nelson & Associates approaches second-offense DWI cases with a sense of strategic urgency, attacking the evidence and procedural defenses with your rights at the forefront of defense against compounded penalties.
Hire a Second-Offense DWI Lawyer
The Law Offices of Tad Nelson & Associates provides years of criminal defense experience to DWI cases involving high stakes in Galveston County. A board-certified criminal law specialist, Tad Nelson is a highly experienced trial and appellate attorney with a proven track record of representing repeat-offense DWI charges with authority and precision.
Amber Spurlock’s focus on discovery and direct involvement in case management allows the firm to defend second-offense DWI cases with a disciplined trial strategy, laser-like attention to the evidence, and an emphasis on limiting exposure and long-term consequences.
How a Second DWI Charge Is Prosecuted Differently
The penalties associated with a second DWI offense in Texas are substantially greater than the penalties for a first offense DWI. Texas law treats a second DWI offense as more serious due to the existence of a prior conviction, resulting in enhanced penalties under the statute.
For that reason, Texas law enhances a second offense under the statute. In that case, prosecutors are permitted to exercise greater discretion with regard to the results of the case. The penalties for a second DWI under Texas Penal Code § 49.09(a) include:
- Classification as a Class A misdemeanor
- Mandatory minimum sentence of 30 days in county jail, and up to one year, subject to probation eligibility
- Fines of up to $4,000
- Driver’s license suspension of not less than 180 days or more than two years
In an enhanced case, there is much at stake, so a successful defense challenges the evidence presented against the client, searches for errors in police procedure, and minimizes exposure to the fullest extent.
Key Evidence and Challenges in Second-Offense Cases in Galveston
The elements of a second-offense DWI in Galveston are mostly based on the circumstances of the traffic stop, officer observations, breath or blood test results, and perhaps field sobriety tests. Since enhancement is based on a prior conviction, the prosecutor is required to present certified records of the previous DWI conviction.
These local factors, which may include how stops are recorded on Seawall Boulevard or Broadway, and how evidence is processed by Galveston Police, may have an impact on whether evidence is admissible and credible.
The defense may be able to attack the legal justification of the stop, the accuracy of testing methods, calibration records for breath machines, or mistakes in the chain of custody. The previous conviction itself may be investigated for compliance and eligibility under Texas law for enhancement purposes. A thorough defense investigation and knowledge of these statutory requirements and local enforcement procedures are essential.
What You Should Do After a Second DWI Arrest?
It is critical to hire a second-offense DWI lawyer after a second arrest in Galveston. Enhanced charges and more severe penalties are at issue, and a lawyer can file a motion to preserve evidence before arraignment, assess prior convictions for errors, and immediately start to find any and all grounds to attack the case. You should keep notes of all conversations, make no additional statements to the police, and ensure you understand your bond restrictions.
There were over 1,000 deaths in Texas caused by drunk driving in 2024, according to the National Highway Traffic Safety Administration. Also, approximately 30% of all traffic crash fatalities in the United States involve drunk drivers (i.e., blood alcohol concentrations of .08 g/dL or higher).
The strategy you choose at the onset of the case can impact issues like jail time, license suspension, ignition interlock, probation, and whether the risk of future felony charges applies to your situation.
FAQs About Second-Offense DWI in Galveston, TX
Can My Prior DWI Be Challenged in a Second-Offense Case?
Any prior DWI conviction needs to meet statutory requirements and proper documentation for enhancement. Issues with how it was entered, timeliness, or whether it is a qualifying prior under Texas law are sometimes available. Careful examination of certified records and the procedural history of the previous case can be instrumental in this determination of proper enhancement.
Will a Second DWI Automatically Require Jail Time?
Texas mandates a minimum jail term for a second DWI conviction, but the method of service and reduction of exposure are a function of case details. Defense strategies include challenging the state’s evidence, negotiating for sentencing, and, where available, pursuing alternatives that minimize jail service.
How Does a Second DWI Affect Employment or Professional Licensing?
A second DWI conviction can lead to employment penalties for positions that require driving abilities, security clearances, or professional licenses. A background check will show the enhanced offense, and some employers/license boards view repeat offenses differently. Collateral impact can rival or exceed that of the direct criminal consequences.
What Should I Expect in Galveston After a Second DWI Arrest?
The Galveston County Criminal Justice Center processes case filings for second-offense DWI convictions, while prosecutors handle active prosecutions of these offenses in Galveston. Enforcement patterns, case speed, and local bond practices are other variations from jurisdiction to jurisdiction. Knowledge of the courts and procedures in Galveston is important to know what to expect and how to prepare.
Contact a Galveston Second-Offense DWI Lawyer
A second DWI offense is a serious matter, carrying increased penalties and long-term consequences that should not be taken lightly. Repeat offenders are prosecuted aggressively, and the decisions you make at the outset of your defense matter. At The Law Offices of Tad Nelson & Associates, we provide strategic, evidence-based representation to effectively challenge your case, protect your rights, and minimize the impact of a second DWI under Texas law. Book a consultation today.